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Real Estate Law

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What If We Had A Mortgage Mediation Party And Nobody Came?

by Richard Warren | August 17, 2009

The Nevada State Legislature recently passed the mortgage mediation law great fanfare. The law was expected to save as many as 17,000 Nevada homeowners from foreclosure. The law, which went into effect July 1st, allows homeowners in default to request a mediation hearing with the lender.

Nevada CapitolTo be eligible a homeowner must have received a notice of default after July 1, 2009. The homeowner must pay a fee of $200 if they request a hearing and the lender is also required to pay a $200 fee. In anticipation of a flood of requests, the state has trained in excess of 100 lawyers and ex-judges to handle the cases.

Where is Everybody?

The official estimates were that between 1,250 and 1,500 homeowners per month would participate in the program. However, after six weeks there have been a total of ten requests. Not ten per day or ten per week, just ten total. That amounts to 1.67 requests per week! How did they get it so wrong?

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Real Estate Law

Piercing the Veil: Holding Owners Liable for the Acts of the Business

by Greg Boots | May 7, 2009

While visiting the Starting Out Forum here on BiggerPockets, I read through a thread titled “LLC Controversy”. Instead of responding to the thread directly, I decided to write this blog to address a fundamental issue for every investor, myself included: Why even bother setting up a business entity if my assets will be attached [...]

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Real Estate Deals

Series LLCs and Real Estate Investing: A Primer – Look Before You Leap, Though!

by Greg Boots | March 25, 2009

By now most investors are aware that Limited Liability Companies (LLCs) are designed to help insulate the owner (member) of the LLC from the liabilities that may arise on an investment property held within the LLC. What has drawn confusion and massive amount of debate is whether or not an investor should create a [...]

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Real Estate

The Asset Protection Misconception: Why Insurance Alone Isn’t Enough

by Greg Boots | March 18, 2009

“Why did my financial advisor tell me that in order to achieve asset protection for my investment properties, I only need a general liability policy?” This is a question I am consistently asked by investors when I am speaking throughout the country. Don’t get me wrong, I am a huge advocate of [...]

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Real Estate Investing

Land Trusts and Asset Protection, a Primer

by Greg Boots | March 11, 2009

There has been much published in regard to land trusts. However, many real estate investors are completely oblivious to the fact that the land trust, in and of itself, provides absolutely no asset protection. Don’t get me wrong, land trusts are great vehicles for privacy, but privacy will only take you so far. [...]

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Real Estate Investing

Wholesale Real Estate Transactions: Avoiding Dealer Classification

by Greg Boots | March 4, 2009

When most investors think about business planning for their real estate investments, their main focus tends to be strictly on asset protection. However, there is a genuine need to also focus on potential adverse tax consequences depending upon the type of real estate transactions that you have targeted for your investing strategy. Wholesaling properties falls [...]

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Real Estate Law

22 Types Of Law that May Affect Real Estate Investors

by Tom Koziol | January 23, 2009

That is not a typo. In fact, I may be off by a number or two. Given today’s chaos and confusion in the real estate realm, it is a definite possibility we could find ourselves in a court room answering a complaint under one of the following 22 types of law:
Common Law
Equity Law
Admiralty/Maritime Law
Administrative Law
Private [...]

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Real Estate Law

How Not to Market Your Real Estate Business or Properties – A Look At Email Marketing Laws

by Joshua Dorkin | August 19, 2008

This post has been a long time in the making, and is something that I think many people can commiserate about.
Adding People to Your Email Marketing Campaigns is Not Only Annoying, but Can Also be Illegal
There is nothing that makes me want to cooperate with a company or investor more than when they add me [...]

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Real Estate Investing

New Housing Law Makes Costly Tax Changes For Real Estate Investors

by Rob K. Blake | August 3, 2008

The new housing rescue bill signed into law by the President last week includes some ugly tax changes especially for vacation home and investment property owners.
The new law changes capital gains treatment of these properties eliminating the some of the prior rules which savvy investors used to avoid these taxes.
Under the old rules one could [...]

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Financing Real Estate

Buy an Apartment Building — How to Structure Your Offer

by Ted Karsch | June 30, 2008

As I stress time and time again to new apartment building investors, before making an offer on any apartment building real estate property be sure that the investment will be a profitable one. Banks and commercial mortgage lenders will only lend money on an apartment building that has a Debt Service Coverage Ratio of [...]

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Real Estate

Breaking Down the HUD-1 Settlement Statement

by Joshua M. Marks, Esq. | May 27, 2008

The Settlement Statement, often referred to as the “HUD-1”, is a document that contains a detailed breakdown of the closing costs apportioned between the buyer and seller of property.
Typically, the closing agent (often a representative from the title company), gathers the pertinent information, completes the Settlement Statement and disperses the required funds once the buyer [...]

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Foreclosures

From Pre-Foreclosure to Pre-Trial Hearings

by Milton B. Yates | May 25, 2008

BEWARE! BEWARE! BEWARE!
I am quite sure that many of you are staying abreast of the new laws regarding dealing with sellers and properties on their way into foreclosure status. On my side of the country it is especially critical to follow all guidelines of the pre-foreclosure business. Those who are choosing to take [...]

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Learn Real Estate

Title Insurance: The Basics

by Joshua M. Marks, Esq. | May 13, 2008

I have often found that many homebuyers lack a fundamental understanding about title insurance. While most past clients have admitted to briefly discussing the topic with their real estate agent, they don’t seem to understand its purpose or function–only that it will be an additional expense on the settlement sheet for which they are [...]

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Foreclosures

Real Estate Foreclosure and a Ground Breaking Court Decision

by Tom Koziol | May 2, 2008

Readers of this blog fully understand foreclosures are on the uptick and will likely to stay that way for the remainder of the year. However, some people may not fully realize the challenges being mounted against foreclosures from all fronts.
It seems the lenders/banks have it had too easy for too long and have become complacent [...]

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Real Estate Deals

Tips for Navigating the Short Sale Process

by Joshua M. Marks, Esq. | February 12, 2008

With homeowners defaulting on their mortgages at a record pace, many people are practically begging their lenders for some form of relief or assistance in order to prevent themselves from ending up on the street. While it is certainly disconcerting to receive collection letters and threats of impending foreclosure from a lender, those who [...]

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